Advocate Vivekanand

Questions Answered by Advocate Vivekanand (25+ answers)

Q: Can woman give adoption without biological father or living relations?

A woman got divorce with her husband. After getting divorce she got living relationship with another man and she got a kid, he left her long back she does not know where he is, now can she give adoption her child without father's permission. (the child birth was given by living relationship man)

Advocate Vivekanand answered
if the person went missing before 7 years then law considers that person as dead.as she got divorced from the first husband and not entered into marriage with 2nd person also the partner is missing and not present to claim guardianship over the child hence she is sole guardian and she can permit adoption.

Q: FORGERY CASE: FACTS SHARED, LEGAL EXPERTISE SOUGHT

1) Someone I know signed on behalf of someone else who was not in India as the work was urgent and Ex-Parte order would have been passed without the signature, so he signed.2) Now, the document was 100% genuine, only the signature were not of the person it were supposed to be.3) People are scaring us that we have committed forgery and we might get 5-10 years or more jail term. The people saying this are not lawyers, just laymen.My question is, are people correct who are saying we might get jail term for 5-10 years? We committed no crime except signing on behalf of someone who was not in India. Order was passed in our favour but that was based on hundreds of other documents that were 100% legit. Except that signature, everything else was correct, there was no wrongful gain or loss to anyone. So, even if the correct person had signed the document, order would have been the same. Because of these signatures, are we in trouble? Do we have any chance of saving except plea bargain? Thanks

Advocate Vivekanand answered
Boss, you have three questions... can u sign a document on behalf of someone else..?ans is yes just get a power of attorney...second question can u sign a document on behalf of someone else with his name and signature.?ans is NO but why u have to admit it ? just say that ur signature may not match and if that is the issue u can get the Signature once again ok n affidavit.problem is solved...don't get scared that u will get 5,10 of jail term as first u need to be proved guilty which is a very tedious task if u are backed by a good lawyer ...incase u need more help Google me.